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07 19 2012 Committee of Adjustment AgendaTHE TOWNSHIP OF ORO COMMITTEE OF ADJUSTMENT COUNCIL CHAMBERS Thursday, July 19, 2012  10:00 a.m.   Page 1.OPENING OF MEETING: 2.ADOPTION OF THE AGENDA: a)Motion to Adopt the Agenda. 3.DISCLOSURE OF PECUNIARY INTEREST: 4.ADOPTION OF MINUTES: 3-12 a) 2012. 5.PUBLIC MEETINGS: 13-24 a)2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 South, Plan 104, Part Lot 9 Application for relief for: 1) For Carportrevision to 2008A21): accessory Garage 25-38 b)2012A21 (Roy and Freda Poirier) 360 Shanty Bay Road, Plan 1, East Part Block A 39-51 2012A23 1088 15/16 Sideroad West, Concession 5, West Part Lot 16 coverage. 52-93 d)2012B08 & 2012B09 688 Line 9 North, Concession 9, Part Lots 16 & 17, RP 51R2726, P separate parcels of land. 6.NEW BUSINESS: 7.NOTICE OF MOTION: Page 1 of 93 Page 8.NEXT MEETING DATE: 9.ADJOURNMENT: a) Page 2 of 93 4a) THE TWNSHIPOF ORO-EDONTE OOMM COMITTEEF ADJUSMENT MMOOTT MEETINGG MINUTESS CouncilChamberss Thursdaay, June 21, 2012Timme: 10:04 a..m. Present: Scott Maccpherson, CChair Brucce Chappell Roy Hastiings Allan Johnson Regrets: Larry Tupling Staff preesent: Alan Wiebbe, Secretarry Treasureer/Intermediaate Plannerr Marie Brisssette, Commmittee Coordinator 1.OPENING OF MMEETING: Scott Maacpherson aassumed thee Chair and called the mmeeting to oorder. 2.ADOOPTION OF THE AGENNDA: a) Motion to Adoptt the Agenda. MotionNNo. CA1206621-1 Moved bby Hastings,, Seconded by Chappeell It is recoommended tthat the ageenda for the Committeee of Adjustmment meetingg held on Thursday, June 21, 2012 be received and adopted. Carried. 3.DISCCLOSUREOOF PECUNIARY INTERREST: None deeclared. 4.ADOOPTION OF MINUTES: a) Minuutes of the CCommittee oof Adjustmeent meeting held on Thuursday, Mayy 17, 2012. MotionNNo. CA1206621-2 Moved bby Johnson, Seconded by Chappell It is recoommended tthat the minnutes of the Committeeof Adjustment meetingg of Thursdaay, May 17, 2012 be addopted as prrinted and ccirculated. Carried. 110 Pageoof Page 3 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. 5.PUBLIC MEETINGS: a) 2009-B-07 (Mark Porter) 3003 Ridge Road West, Concession 2, Part Lot 2 Application for the creation of a new residential lot. To be heard in conjunction with: 2009-B-08 (APT Operational Management Inc.) 2981 Ridge Road West, Concession 2, Part Lot 2 Application to permit a boundary adjustment/lot addition. Mark Porter, applicant, and Cameron Sellers, Planner, were present. The Committee received correspondence dated June 19, 2012 from D Nixon. The Committee received correspondence dated June 20, 2012 from I Simcoe Region Conservation Authority. Motion No. CA120621-3 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment grants provisional consent to Application 2009-B-08, for a boundary adjustment, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the severed lands, with an area of approximately 0.4 hectares, be merged in title with the property at 3003 Ridge Road West, and that the provisions of Subsection 3 or 5 of Section 50 of The Planning Act apply to any subsequent conveyance or transaction involving the subject land; 3. That the conditions stated in the letter from staff for the County of Simcoe, dated June 12, 2012, be completed (per Schedule 5 to this report); 4. That the applicant’s solicitor prepare and submit a copy of the proposed conveyance for the parcel severed, for review by the Municipality; 5. That the applicant’s solicitor provide an undertaking that the severed lands and the lands to be enhanced will merge in title; 6. That all municipal taxes be paid to the Township of Oro-Medonte; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 210 Page of Page 4 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. Motion No. CA120621-4 Moved by Johnson, Seconded by Chappell It is recommended that the Committee of Adjustment grants provisional consent to Application 2009-B-07, for the creation of a new residential lot, subject to the following conditions: 1. That one copy of a Registered Reference Plan of the subject lands prepared by an Ontario Land Surveyor be submitted to the Committee Secretary-Treasurer; 2. That the conditions stated in the letter from staff for the County of Simcoe, dated June 12, 2012, be completed; 3. That the applicant’s solicitor prepare and submit a copy of the proposed conveyance for the parcels severed and retained, for review by the Municipality; 4. That the applicant pay a $2,000.00 cash-in-lieu of a parkland contribution for the lot created; 5. That all municipal taxes be paid to the Township of Oro-Medonte; 6. That all conditions of consent imposed by the Committee on Consent Application 2009-B-08 be fulfilled; and 7. That the conditions of consent imposed by the Committee be fulfilled within one year from the date of the giving of the notice. Carried. 310 Page of Page 5 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. b) 2012-A-15 (Darryl, Alfred, and Marilyn Simpson) 392 and 400 Line 9 North, Concession 9, Part Lot 18 Application for relief from increase in situation of non-compliance and non-conformity of use of buildings and structures. Darryl Simpson, applicant, was present. Motion No. CA120621-5 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A-15, specifically to permit the replacement and expansion of a non-complying and non-conforming second dwelling unit on the property. Withdrawn. Motion No. CA120621-6 Moved by Chappell, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A-15, specifically, to permit the replacement and expansion of a non-complying and non-conforming second dwelling unit on the property, subject to the following conditions: 1. That, notwithstanding Sections 5.1.16 c) and 5.18 of Zoning By-law 97-95, as amended, the proposed replacement of the second dwelling unit shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the proposed replacement of the second dwelling unithave a floor area not exceeding approximately 1,500 square feet. 3. That the proposed replacement of the second dwelling unit be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 410 Page of Page 6 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. c) 2012-A-18 (Steve and Joanne Campbell) 257 Line 10 North, Concession 11, North Part Lot 19 Application for relief from maximum height and setbacks from limits of Environmental Protection (EP) Zone. Steve and Joanne Campbell, applicants, were present. Motion No. CA120621-7 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment approves Variance Application 2012-A-18, specifically, to permit the construction of a detached accessory building with a height of 5.69 metres above grade and located within the boundary of the Environmental Protection (EP) Zone, subject to the following conditions: 1. That, notwithstanding Sections 5.1.4 and 5.28 of Zoning By-law 97-95, as amended, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the detached accessory building have a height above grade not exceeding approximately 5.69 metres; 3. That the detached accessory building be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; 4. That the applicant obtain any permits and/or approvals required, from the Lake Simcoe Region Conservation Authority; and 5. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 510 Page of Page 7 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. d) 2012-A-19 (Scott Scandrett) 69 O’Brien Street, Lot 28, Plan 702 Application for relief from minimum required exterior side yard, maximum height and maximum floor area. Andrew McIntyre, agent, was present. Motion No. CA120621-8 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A-19, specifically, to permit the construction of a detached accessory building with an exterior side yard setback of 3.0 metres, a floor area of 96.8 square metres, and a height of 5.28 metres, subject to the following conditions: 1. That, notwithstanding Sections 5.1.3 c), 5.1.4, and 5.1.6 of Zoning By-law 97-95, as amended, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the detached accessory building: a) Be located no closer than approximately 3.0 metres from the exterior side lot line; b) Have a height not exceeding approximately 5.28 metres above grade; and c) Have a floor area not exceeding approximately 96.8 square metres. 3. That the detached accessory building, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 610 Page of Page 8 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. e) 2012-A-20 (Lawrence and Kimberly Crook) 1180 Line 2 South, Plan 104, Part Lot 9 Application for relief from: 1) For “Carport” (revision to 2008-A-21): accessory building in front yard and minimum required front yard setback; 2) For “Garage” (new application): maximum height and maximum floor area. Lawrence Crook, applicant, was present. Motion No. CA120621-9 Moved by Johnson, Seconded by Hastings It is recommended that the Committee of Adjustment: 1. Defers a portion of Variance Application 2012-A-20, specifically, to permit the construction of a “garage”, with a height of 4.75 metres above grade and a floor area of 131 square metres (1,510 square feet) divided across one and a half storeys, subject to additional information being obtained from the applicant, and the provision of proper notice to be given under the Planning Act; and 2. Approves a portion of Variance Application 2012-A-20, specifically, to permit the construction of an unenclosed “carport” with a floor area of 66.6 square metres, located in the front yard at 6.0 metres from the front lot line, subject to the following conditions: a) That, notwithstanding Sections 5.1.3 a) and Table B2 of Zoning By-law 97-95, as amended, the detached accessory building (the “carport”) shall otherwise comply with all other applicable provisions of the Zoning By-law; b) That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the unenclosed “carport”: i. Be located no closer than approximately 6.0 metres from the front lot line; and ii. Have a floor area not exceeding approximately 66.6 square metres. c) That the detached accessory building (“carport”) be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 3. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 710 Page of Page 9 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. f) 2012-A-21 (Roy and Freda Poirier) 360 Shanty Bay Road, Plan 1, East Part Block A Application for relief from accessory building in front yard, maximum height and maximum floor area. No one was present to represent the application. Motion No. CA120621-10 Moved by Chappell, Seconded by Hastings It is recommended that the Committee of Adjustment defers Variance Application 2012- A-21, specifically, to permit the construction of a detached accessory building in the front yard of a property with a floor area of 166 square metres and a height of 6.16 metres above grade, at the request of the applicant, to provide them an opportunity to revise their application. Carried. 810 Page of Page 10 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. g) 2012-A-22 (Alfred and Laurie Jansma) 519 Line 4 North, Concession 5, Part Lot 17 Application for relief from maximum height and maximum floor area. Alfred Jansma, applicant, was present. Motion No. CA120621-11 Moved by Hastings, Seconded by Johnson It is recommended that the Committee of Adjustment approves Variance Application 2012-A-22, specifically, to permit the construction of a detached accessory building with a floor area of 93.65 square metres, and a height of 4.82 metres above grade, subject to the following conditions: 1. That, notwithstanding Sections 5.1.4 and 5.1.6 of Zoning By-law 97-95, as amended, the detached accessory building shall otherwise comply with all other applicable provisions of the Zoning By-law; 2. That an Ontario Land Surveyor provide verification to the Township of compliance with the Committee’s decision by 1) pinning the footing and 2) verifying in writing prior to pouring of the foundation by way of survey/real property report that the detached accessory building: a) Have a height above grade not exceeding approximately 4.82 metres; and b) Have a floor area not exceeding approximately 93.65 square metres. 3. That the setbacks, floor area, and height for the proposed detached accessory building, be in conformity with the dimensions as set out on the application and sketches submitted and approved by the Committee; and 4. That the appropriate zoning certificate and building permit be obtained from the Township only after the Committee’s decision becomes final and binding, as provided by the Planning Act R.S.O. 1990, c.P. 13. Carried. 910 Page of Page 11 of 93 4a) Committee of Adjustment Meeting Minutes – June 21, 2012. 6.NEW BUSINESS: a) Correspondence dated June 14, 2012 from the Ontario Municipal Board, re: Appointment of Hearing, Thursday, September 27, 2012 - Coulson Ridge Estate's Ltd. (2010-B-06). Motion No. CA120621-12 Moved by Hastings, Seconded by Chappell It is recommended by the Committee of Adjustment that the correspondence dated June 14, 2012 from the Ontario Municipal Board, re: Appointment of Hearing, Thursday, September 27, 2012 - Coulson Ridge Estate's Ltd. (2010-B-06) be received. Carried. 7.NOTICE OF MOTION: None. 8.NEXT MEETING DATE: Thursday, July 19, 2012 at 10:00 a.m. 9.ADJOURNMENT: a) Motion to Adjourn. Motion No. CA120621-13 Moved by Hastings, Seconded by Johnson It is recommended that we do now adjourn at 1:16 p.m. Carried. Scott Macpherson, Chair Alan Wiebe, Secretary Treasurer 1010 Page of Page 12 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 13 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 14 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 15 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 16 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 17 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 18 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... Page 19 of 93 5a) 2012A20 (Lawrence and Kimberly Crook) 1180 Line 2 Sou... 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